The Court of Cassation, with ruling No. 19407/2025, has established that gambling addiction can constitute incapacity due to the victim's infirmity, a prerequisite for the ex officio prosecution of the crime of kidnapping. A decision that broadens victim protection and poses new interpretative challenges in criminal law.
The Supreme Court, with judgment no. 13132/2025, recognizes the aggravating circumstance under art. 625, paragraph 1, no. 7 of the Italian Criminal Code for the theft of cash kept in the payment terminal of a fuel station, making the crime prosecutable ex officio in light of the Cartabia reform. Let's analyze the reasoning, practical impacts, and jurisprudential precedents.